All such parts of the common law as were heretofore in force and use
within this State, or so much of the common law as is not destructive of, or
repugnant to, or inconsistent with, the freedom and independence of this State
and the form of government therein established, and which has not been
otherwise provided for in whole or in part, not abrogated, repealed, or become
obsolete, are hereby declared to be in full force within this State. (1715, c. 5, ss. 2, 3, P.R.; 1778, c. 133, P.R.; R.C.,
c. 22; Code, s. 641; Rev., s. 932; C.S., s. 970.)